A-3. J&A - STR.docx

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Lease of the Strathmore Concert Hall to support the U.S. Marine Band's Concert on 23 May 2021 at 7:30pm. This is a public performance.

Requirement details:

CLIN 0001: Rental on Performance day: 23 May 2021 CLIN 0002: Ticket Printing. (Unused tickets are valid until 7:15 pm only, in order to get all patrons in stand-by line into the Hall) CLIN 0003: Patron Garage Parking

Production must include:

CLIN 0004: Production Technicians: two (2) Recording Engineers. CLIN 0005: Piano Tuning.

Other Anticipated Needs: CLIN 0006: Security CLIN 0007: Lighting Package

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018) Page of

The total estimated value of this requriement is $38,648.00

Vendor: Music Center at Strathmore Vendor POC and Phone Number: Bridget Seidlecki, 301-581-5150 Vendor Address: 5301 Tuckerman Lane, North Bethesda, MD 20852-3385

The required performance date is 7 May 2021 (two weeks prior to Band’s performance date).

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _ X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Minimum Factors:

Hall must meet the minimum requirements specified below and provide all associated requirements.

· No fewer than 1,900 seats

· Hall must be 10 miles from Rockville, Maryland

· Metro and vehicle accessible

· Concert Stage: NLT 3,075 sq. feet

· Downstage: 68' wide / Upstage: 56' wide

· 50' deep at center line

· 12 changing and warm-up rooms with lockers, showers, and restrooms

2. EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

C. URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

WOLTANSKI.KATHR

YN.SU

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)Digitally signed by WOLTANSKI.KATHRYN.SUE.12691

07177 Date: 2020.12.21 12:46:11 -05'00'

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Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Elizabeth M. Rolle 1/11/2021

Signature Name (Printed) / Phone # Date image1.png